Last Update: July 18, 2022
Clay collects and uses personal information primarily on behalf of and in the course of providing services to our customers. In certain limited contexts, we may collect personal information on our own behalf, such as in connection with visits to our Website, job applications, and to send marketing communications.
Information we process on behalf of our customers:
Provision of Services: We provide an enterprise-level platform for builders to manage the sale and marketing of their construction project sites with an immersive 3D virtual world experience for their prospective and current customers. In the course of providing these services, we collect, use and disclose personal information that our customers upload or otherwise provide to us, including personal information about their prospective and current clients. This may include full name, home address, email address, phone number, occupation, date of birth, government-issued identity number (such as drivers license, passport, PR card), purchase details (such as suite number, lot number, model and elevation, unit number, finishes list, structural list, price and closing date), copies of purchase and sale agreements, and appointment details. As part of our services, we may also assist customers in sending marketing emails to prospective and current clients. If you have any questions about marketing emails sent by our customers or our customers’ privacy practices, please contact the customer directly.
Identity Verification Services: As part of our service, we offer the ability for our builder clients to verify the identity of their purchasers and authenticity of identity documentation for the purposes of complying with regulatory requirements. We use a third-party identity verification provider to verify the authenticity of government-issued ID and the identity of the purchaser. The identity of the purchaser is verified by collecting a photo of government-issued identification through a webcam or by uploading a picture and verifying that the name and photo on the identification matches the information provided by the purchaser, including a real-time selfie uploaded by the purchaser. We and our partner do not store any biometric data for this purpose.
Use of the Services: We may monitor use of the services by our customers or other authorized users to detect, investigate or prevent any actual or potential violation of our terms and conditions. We may also generate aggregated, non-identifiable data and use such information to monitor the performance, use and stability of the services and to improve the services.
Builder Profiles: We also create and maintain builder profiles, which are accessible to clients.
Our customers are responsible for providing all required notices, obtaining all necessary consents, and otherwise complying with applicable privacy laws with respect to the collection, transfer and use of personal information in connection of our provision of services to them. We retain personal information for as long as necessary to provide services to our customers and in accordance with our contractual commitments to our clients. We do not use or retain the information we collect from our customers for purposes other than providing the services.
Information we collect and use through our Website and other interactions:
We may collect personal information when you:
We do not sell or disclose your personal information to third parties without your consent, except as set forth below or as required or permitted by law.
Service Providers: Your personal information will be transferred (or otherwise made available) to certain third parties that provide services on our behalf. We use service providers to provide services such as hosting the Website and virtual machines, providing cloud and e-signature services, processing payments, verifying identification, and providing advertising analytics and marketing services. Our service providers are only provided with the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes. Our service providers may be located in the U.S., Canada, or other foreign jurisdictions.
Legal and Compliance: We and our Canadian, U.S. and other foreign service providers may provide your personal information in response to a search warrant to other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities. Your personal information may also be disclosed where necessary for the establishment, exercise, or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property. Where a disclosure of our customers’ information is required by applicable law, we notify our customer prior to complying with such requirements (to the extent we are not prohibited from doing so) and co-operate with our customer’s instructions with respect to our response.
Sale of Business: We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition, or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Clay or as part of a corporate reorganization or other change in corporate control.
Visiting our Website: In general, you can visit our Website without telling us who you are or submitting any personal information. However, we collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity and to monitor and improve our Website.
Cookies: Our Website uses a technology called “cookies”. A cookie is a tiny element of data that our Website sends to a user’s browser, which may then be stored on the user’s hard drive so that we can recognize the user’s computer or device when they return. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the Website features.
We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements.
As indicated above, if you have signed-up to receive our email communications, you can unsubscribe any time by clicking the “unsubscribe” link included at the bottom of the email. Alternatively, you can opt-out of receiving our marketing communications by contacting us at the contact information under “Contact Us” below.
If we receive a request from an individual to access or update personal information we maintain on behalf of a customer, we will direct that individual to the relevant customer. We will assist our customers wherever possible in responding to individual access requests.
Subject to limited exceptions under applicable law, you have the right to access, update and correct inaccuracies in your personal information in our custody or control and to withdraw your consent to our collection of your personal information (subject to legal and contractual restrictions). You may request access, updating and corrections of inaccuracies in your personal information in our custody or control, or withdraw your consent, by emailing or writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.